DEERY v. FOSTER


15 Mass. App. Ct. 564 (1983)

447 N.E.2d 1251

JOHN A. DEERY & others vs. DAVID V. FOSTER & another (and three companion cases).

Appeals Court of Massachusetts, Essex, Suffolk.

March 31, 1983.


Attorney(s) appearing for the Case

John T. Ronan for John A. Deery & others.

Gary S. Matsko (Julian J. D'Agostine with him) for David V. Foster & another.

Present: HALE, C.J., GRANT, & SMITH, JJ.


SMITH, J.

The parties to these actions own land adjacent to Harbor Avenue, a public way in Marblehead, and all depend upon passage over a private road, Sean's Way, to gain access to their land from Harbor Avenue. A decision by David V. Foster and his wife to construct a single-family house on their property caused the plaintiffs, John A. Deery, a lawyer specializing in real estate, and his wife to commence three separate actions in the Superior Court and one action...

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